Symczk sued under the Fair Labor Standards Act
(FLSA) on behalf of herself and all others similarly situated. This was a
section 216(b) collective action. The defendants extended an offer of judgment
under Fed. R. Civ. P. 68 in full satisfaction of her alleged damages, fees, and
costs - prior to her moving for conditional certification and prior to other
potential plaintiffs opting in. The trial court dismissed the suit. The 3rd
Circuit reversed, finding that the suit was not moot under Article III. The
court adopted the "relation back" doctrine to the filing of the
complaint used in class certification cases (Rule 23), where a Rule 68 offer had
been made; and applied the doctrine to section 216(b) representative cases.

The
US Supreme Court granted certiorari to review the 3rd Circuit judgment.